Alcohol and the Law

Alcohol and the Law

The information that follows is provided to promote an increased awareness among Hendrix students of state and county laws governing alcohol use. It is intended to be neither a restatement of law nor a summary of all the laws relating to alcoholic beverages. For a full listing of Arkansas laws and penalties, please see: www.arkansas.gov.

In Conway and in Arkansas, it is illegal:

• to knowingly or unknowingly sell, give, procure, or otherwise furnish alcoholic beverages to any person under 21 years of age;

Penalties for unknowingly providing:

1st offense: Fine - $200 to $500

2nd or subsequent offense: Jail Time - No less than 1 year; Fine - $500 to $1000

Penalties for knowingly providing:

1st offense: Misdemeanor; Jail Time - No more than 10 days; Fine - No more than $500 2nd or subsequent offense: Felony; Jail Time - 1 to 5 years; Fine - No more than $500

• for a person under the age of 21 years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer (alcohol inside the body is deemed possession);

• to be publicly intoxicated by either appearing in a public place under the influence of alcohol or a controlled substance to the degree that the person annoys others in the vicinity or is likely to cause injury to self, others, or property, or by consuming an alcoholic beverage in a public place;

• to sell, give away, or dispose of intoxicating liquor to an intoxicated person. 29

For those arrested for possessing or purchasing alcohol as a minor the following applies:

In addition to the fine, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402. The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402.

The period of suspension or revocation shall be based on the offense that caused the surrender of the arrested person's license, permit, or other evidence of driving privilege as described in subdivision (e)(1) of this section and the number of any previous offenses as follows:

(i) Suspension for sixty (60) days for a first offense under subsection (a) of this section; (ii) Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and (iii) Suspension for one (1) year for a third or subsequent offense under subsection (a) of this section.